CanadaFashionLaw recently reported on interesting developments with regards to Canada’s foray into the non-traditional trade-marks world. Although Canada may be a late-comer to the party, it certainly is playing catch-up. Today, the Canadian Trade-marks Office issued a Practice Notice stating that effective immediately it will accept sound mark applications. Does anyone else have a mild case of whiplash from this quick turnaround?
So here’s the 411 if your business is thinking of obtaining trade-mark protection for a sound:
- The application must state that the application is for the registration of a sound mark;
- The application must also include a graphic representation of the sound, along with an electronic recording and description of the sound.
The Canadian Trade-marks Office can call into question the registrability of the trade-mark with the usual suspects: functionality, clearly descriptive and/or deceptively misdescriptive. It is possible to assert the registrability of the trade-mark by demonstrating that the sound has acquired distinctiveness.
Interestingly, it is not possible to file a sound mark application online and, therefore, the cost will be moderately higher.
Stay tuned to CanadaFashionLaw to see who takes the first steps.